Rajasthan High Court - Jodhpur
Shrawan Kumar vs State Of Rajasthan on 6 January, 2022
Bench: Manoj Kumar Garg
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc Suspension Of Sentence Application (Appeal)
No. 541/2021
Shrawan Kumar S/o Gopa Ram, Aged About 48 Years, B/c
Bishnoi, R/o Village Anwaran, Kherapa Police Station, Dist.
Jodhpur. (Lodged In Central Jail, Jodhpur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.Ray Bishnoi, through VC
For Respondent(s) : Mr. Anees Bhurat, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
06/01/2022
Heard the learned counsel for the parties on the third
application for suspension of sentence.
Counsel for the appellant submits that the appellant is inside
the judicial custody and till date he has served more than eight
years of sentence, out of total sentence of twelve years rigorous
imprisonment. Counsel further submits that hearing of the appeal
will taken sufficient long time, therefore the sentence of the
appellant may kindly be suspended and he may be released on
bail.
Per contra, learned Public Prosecutor concurs the fact that
the appellant is inside the jail for more than eight years, however,
he submits that looking to the gravity and nature of offence, the
sentence of the appellant may not be suspended.
(2 of 3) [SOSA-541/2021]
Upon a consideration of the arguments advanced on behalf
of the appellant and having regard to the facts and circumstances
of the case including the fact that the appellant is inside the
judicial custody for more than eight years, out of total sentence of
twelve years rigorous imprisonment, this Court is of the opinion
that it is a fit case for suspending the substantive sentences
awarded to the accused appellant.
Accordingly, the third application for suspension of sentence
filed under Section 389 Cr.P.C. is allowed and it is ordered that the
substantive sentences passed by the learned Special Judge, NDPS
Act Cases, Jodhpur vide judgment dated 14.06.2017 in Sessions
Case No.100/2013 against the appellant-applicant Shrawan Kumar
Vs. Gopa Ram shall remain suspended till final disposal of the
aforesaid appeal and he shall be released on bail subject to
deposit the fine amount as imposed by the learned trial Court,
provided he executes a personal bond in the sum of Rs.1,00,000/-
with two sureties of Rs.50,000/- each to the satisfaction of the
learned trial Judge for his appearance in this court on 07.02.2022
and whenever ordered to do so till the disposal of the appeal on
the conditions indicated below:-
1. That he/she/they will appear before the trial
Court in the month of January of every year till
the appeal is decided.
2. That if the applicant(s) changes the place of
residence, he/she/they will give in writing
his/her/their changed address to the trial Court
as well as to the counsel in the High Court.
3. Similarly, if the sureties change their address(s),
they will give in writing their changed address to
the trial Court.
(3 of 3) [SOSA-541/2021]
4. Appellant shall deposit the fine amount as
imposed by the learned trial Court.
The learned trial Court shall keep the record of attendance of
the accused-applicant(s) in a separate file. Such file be registered
as Criminal Misc. Case related to original case in which the
accused-applicant(s) was/were tried and convicted. A copy of this
order shall also be placed in that file for ready reference. Criminal
Misc. file shall not be taken into account for statistical purpose
relating to pendency and disposal of cases in the trial court. In
case the said accused applicant(s) does not appear before the trial
court, the learned trial Judge shall report the matter to the High
Court for cancellation of bail.
(MANOJ KUMAR GARG),J
142-MS/-
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